I am overstay for 4 months in usa i came with b2 tourist visa and now i found a job with sponsor visa

Asked 11 months ago - Flushing, NY

Can my companie apply for my visa now or is that a problem of my overstay ?

Attorney answers (3)

  1. Alena Shautsova


    Contributor Level 20


    Lawyers agree

    Answered . You may apply for change of status only when you are in legal status. You will need to leave the country to get your visa.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Aggie Rachel Hoffman

    Contributor Level 17


    Lawyers agree

    Answered . I see several potential troubling issues with your visa application. The fact that you overstayed may be held against you on the ground of misrepresentation both at the time of the B-2 visa application and at entry to the U.S. That would be enough to deny you another visa.. You do not state what kind of job you found so no further analysis is possible as to visa eligibility and duration of the visa process. Certainly, because you are out of status, you will need to depart the U.S. and apply for the visa at the U.S. Consulate abroad; that is where you will need to face the issue of overstay and prior intent. You need a thorough analysis of your case by an experienced immigration lawyer.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It... more
  3. Oksana Tsykova

    Contributor Level 12


    Lawyers agree

    Answered . Once you overstay your non-immigrant visa, it is no longer possible to extend or change status inside the United States. If you overstay for less than 180 days, and leave the US, you will be barred from returning for 3 years. If over 180 days, it is a 10 year bar. There is an exception if you marry a US citizen or permanent resident. You need to speak with a local immigration attorney to discuss all your option and possible ramifications of your overstay.

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